SC suspends implementation of new rule on judicial affidavits

MANILA, Philippines - A new rule in judicial proceedings allowing submission of affidavits in place of direct testimony of witnesses in criminal cases has been suspended.

The Supreme Court (SC) deferred implementation of Administrative Matter No. 12-8-8-SC after receiving objections from the Prosecutors’ League of the Philippines (PLP).

The Judicial Affidavit Rule was supposed to take effect yesterday.

In Circular No. 146-2012, Court Administrator Midas Marquez directed all justices of appellate courts, judges in trial courts and officials of judicial bodies to defer implementation of the new rule pending collegial action of SC justices on the appeal of PLP in their first session for the year on Tuesday next week.

The justices are set to tackle a proposal of Associate Justice Roberto Abad “for the deferment of the application of the Judicial Affidavit Rule for one year from Jan. 1, 2013 to  Jan. 1, 2014 under certain conditions.”

Abad, together with Associate Justices Diosdado Peralta and Lucas Bersamin, met with PLP officers last Dec. 21 and agreed to defer the implementation of the new rule pending action of the full-court on the proposed one-year suspension.

“Considering that the Court will not meet until 8 January 2013, Justice Abad is of the considered view that it may be more prudent for the justices, judges and arbiters concerned to suspend the implementation of the Judicial Affidavit Rule in criminal cases and await the resolution of the Court En Banc on the request of the Prosecutors’ League of the Philippines,” read the order.

The SC issued the circular after receiving last Dec. 12 PLP’s letter for deferment of the new rule.

The new rule, which the SC approved unanimously last September, provides that “when a party (whether plaintiff or defendant) questions his own witness, he no longer needs to place the witness on the witness stand.” As a substitute, the party or his lawyer merely submits the written sworn statement of his witness in a question-and-answer format.

It also requires each party to the case to attach all his documentary evidence to the affidavit, which, in turn, must be submitted at least five days before the pre-trial or preliminary conference in the case.

The Judicial Affidavit Rule was said to be effective in reducing the time used for presenting the testimonies of witnesses by about two-thirds after a pilot program in the Quezon City courts.

In their objection, the PLP said they have “limited time to prepare judicial affidavits because they are already saddled with heavy workloads, such as trial, including criminal and special proceedings cases, preliminary investigation, inquest proceedings and summary investigation (direct filing).”

“The preparation of the judicial affidavit takes more time than conducting direct examination in court because affiants have to be subpoenaed and interviewed before the prosecutor could prepare their judicial affidavit.”